This month, the former U.S. Assistant Secretary of Commerce Bruce Lehman, sometimes referred to as the architect of the Digital Millennium Copyright Act (“DMCA”), spoke at a Silicon Valley conference that brought copyright experts together to discuss the impact of that law 15 years later.

At the conference, Lehman admitted the law was the product of a deliberate end-run around the democratic process. Lehman was an advocate for several hardline proposals to criminalize digitial rights management (DRM) circumvention. Unable to sell the proposals domestically, Lehman pressed the Office of the U.S. Trade Representative (USTR) to propose them at the UN World Intellectual Property Organization (WIPO) instead. Many have accused Lehman of using the treaty process to avoid Congress. What was Lehman’s response to those accusations at the event? “I would say that they're right.”

Last Friday, the World Intellectual Property Organization’s (WIPO) 185 country-members concluded another round of negotiations on exceptions and limitations for the blind and persons with printing disabilities. However, they did not reach a consensus on many of its most contentious issues, such as allowing exports of adapted works across borders and circumventing technological protection measures to enable accessibility. People with hearing disabilities were also written out of the draft. In addition, US negotiators were able to block exceptions and limitations for audiovisual works, under the pressure of MPAA. Who loses? All of us, but especially the 285 million visually impaired people in the world.

This week, the World Intellectual Property Organization (WIPO) is hosting the 25th Session of the Standing Committee on Copyright and Related Rights (SCCR/25). The agenda is focused, as it should be, on finalizing a longstanding discussion: the need for an international instrument to protect the rights of visually impaired persons and persons with print disabilities. Copyright protections create barriers for people with disabilities, yet big publishers continue to block efforts to create exceptions to remedy the problem even as hundreds of millions of people would stand to benefit worldwide.